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UNIVERSITY OF TEXAS v. ESTATE OF ARANCIBIA

No. 08-0215.

324 S.W.3d 544 (2010)

UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS, Petitioner, v. The ESTATE OF Irene Esther ARANCIBIA by its Beneficiary Victor Hugo VASQUEZ-ARANCIBIA, Victor Hugo Vasquez-Arancibia, Individually, and Cecilia Vasquez-Arancibia, Individually, Respondents.

Supreme Court of Texas.

Decided October 22, 2010.

Attorney(s) appearing for the Case

Attorney General Greg W. Abbott , Attorney General of Texas, Kent C. Sullivan , David S. Morales , Office of the Attorney General of Texas, Deputy First Assistant Attorney General, Nelly R. Herrera , Office of the Attorney General, John P. Giberson , Assistant Attorney General, Tort Litigation Division, Elsa Giron Nava , Office of the Attorney General, James C. Ho , Solicitor General of Texas, Daniel L. Geyser , Asst. Solicitor General, Office of the Attorney General of Texas, Clarence Andrew Weber , First Assistant Attorney General, Austin, TX, for Petitioner.

Stephen A. Khoury , Lance Eric Caughfield , Kelsoe Anderson Khoury & Clark, Dallas, TX, for Respondent.

Todd K. Sellars , Dallas County Asst. Atty., Dallas, for Amicus Curiae.

Chief Justice JEFFERSON delivered the opinion of the Court, joined by Justice HECHT, Justice MEDINA, Justice GREEN, Justice WILLETT, Justice GUZMAN, and Justice LEHRMANN.

This appeal turns not on the merits of the underlying claim but on whether prerequisites to suit have been satisfied, and if not, whether an interlocutory appeal is available. Because the relevant requirements were met here, and because interlocutory appeal was appropriate, we affirm the court of...

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